m&S court cases? storecard converted to mastercard without signature

[prettyprincesscharlie]

HI EVERYONE.

 

Has anyone actually been took to court by M & S Money? More specifically I am asking has anyone that used to have the M&S storecard - then automatically been sent the Mastercard (about 2002/03) without signing new terms and conditions and with much higher credit limit - has anyone in this situation ever been actually took to court by M & S ???

 

I personally doubt if they have a leg to stand on if new T&C were not signed for. I have researched internet for any possible court cases and i havent found any.

 

I do know of one person (on this site) that was took to court and m&s dropped the case on the actual day of court hearing - but i dont know of anyone in this position that m&s have actually gone all the way with.

 

anyone know??

 

thanking you all in advance. x

[ajs444]

Only one has been Seriously Fed Up, which is the one I think you mention.

They have threatened me with everything apart from getting my manhood cut off, still I await for their next move.

Many threads on here regarding the change from storecard to mastercard, read and enjoy.

[rebel11]

Hi pretty

 

Have you sent them a CCA Request and SAR Request? It would be interesting to see what they have got.

[prettyprincesscharlie]

Hi there - AJS 444 and Rebel11

 

Yes AJS SFU was the only one i have seen that M&S got close with. and i feel bit more confident now that m&s know they are on very shaky ground.

 

and Rebel - yes i have CCA'd them and SAR reqeusted them. All they have is a application form for a charge card with a £500 limit back in 1993 and i know that i definately never signed for a mastercard. they are trying to say that because i used the mastercard - thats enough. however, i have read loads on here to know that under CCA act i think section 51 - it needs a signature. plus they are trying to say that they changed all these charge cards with the full approval of the OFT which i also know is a lie - how do they get away with all these lies?!!

 

they have sent me loads of stuff on the SAR request, however, it is extremely hard to understand most of it as they have put a lot of stuff in codes and even tho they send a code de code index - its rubbish as most of the codes are not on it!!

 

they keep sending me to a DCA then i reply to said DCA stating that no sig on a mcard agreement etc, then i dont hear from them for six months and then i get another letter just when i start to relax from yet another DCA!! I am just about to form my reply to newest DCA with is someone called DLC (direct legal collections). may need some help later with legal bit.

 

thanks for all yr help.

[rebel11]

Have a read of number 5 in my signature.

[IainHL]

Hello there PPC. I see you're on the 6 month shuffle now (by which I mean M&S pass it to a new DCA every 6 months). All you have to do is learn how to ignore them and wait until 6 years have passed since you last made any payment. I think there are a fair number of CAGgers doing the same dance. After protracted correspondende with M&S I personally have told them that I will not deal with any third party agency they may wish to appoint, and so just file but do not respond to the letters from the DCAs (not even the ones offering me 80% or 30% discounted settlement figures!).

[seriously fed up]

just as a point of clarification BPC they didnt drop the case on the day of the hearing - we never got to within one month of a hearing. They dropped it in within a week or so of my defence going in. The only hearing was to grant an agreed motion of absolvitor. If they think you know your way around they will drop it - or keep harassing you with DCAs etc - but they darent take it to court if the debtor is going to defend because they know they will lose. What they want are the people who will give in and not defend.

AJS - good to see you are still fighting the good fight with this lot, though unfortunate you are still having to (had a look at your thread).

[ajs444]

Hi SFU,

 

Still getting pursued by the low life, though nice return from Barclaycard/Goldfish this week, got to keep fighting the B**t**ds.

 

Look after yourself.

[prettyprincesscharlie]

hi all

 

thanks for yr replies if any of you get a chance can you look at my latest thread today on m&s i have actually managed to load up some letters (took me most of today!!) and i need a bit of advice on where i go from here.

 

getting really fed up and down with it really and almost at the point of telling them to either take me to court or go away! although still bit scared to at the moment.

 

appreciate it if anyone can look at my other thread started today on it and give little advice. and whats happening with you AJS 444? still same merry go round?

 

thanking you all in advance.